Bill Text: NY A08485 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to child abuse in an educational setting; requires the commissioner of education to promulgate rules and regulations for training of, at a minimum, information regarding the physical and behavioral indicators of child abuse and maltreatment and certain statutory reporting requirements; and extends such provisions to private schools and such employees and volunteers within.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Engrossed) 2018-05-08 - RETURNED TO ASSEMBLY [A08485 Detail]

Download: New_York-2017-A08485-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8485--B
                                                                Cal. No. 696
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by  M. of A. NOLAN, GUNTHER, THIELE, SEPULVEDA, ENGLEBRIGHT,
          BRINDISI,  LIFTON,  OTIS,  TITONE,  L. ROSENTHAL,  JAFFEE,  McDONOUGH,
          MURRAY, LAWRENCE, PAULIN, FAHY -- Multi-Sponsored by -- M. of A. WALSH
          --  read  once  and referred to the Committee on Education -- reported
          and referred to the Committee on Codes -- recommitted to the Committee
          on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  reported  from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading
        AN  ACT  to  amend  the  education law, in relation to child abuse in an
          educational setting
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 1125 of the educa-
     2  tion law, subdivisions 2, 3, 4 and 6 as added by chapter 180 of the laws
     3  of  2000  and subdivision 5 as amended by section 1 of part E of chapter
     4  501 of the laws of 2012, are amended and a new subdivision 10  is  added
     5  to read as follows:
     6    2.  "Child"  shall  mean  a  person  under the age of twenty-one years
     7  enrolled in a school [district  in  this  state,  other  than  a  school
     8  district within a city having a population of one million or more].
     9    3. "Employee" shall mean any person: (i) who is receiving compensation
    10  from  a  school  [district]  or (ii) whose duties involve direct student
    11  contact and (a) who is receiving compensation from any person or  entity
    12  that contracts with a school to provide transportation services to chil-
    13  dren,  or  (b)  who  is  an employee of a contracted service provider or
    14  worker placed within the school under  a  public  assistance  employment
    15  program, pursuant to title nine-B of article five of the social services
    16  law,  and consistent with the provisions of such title for the provision
    17  of services to  such  [district]  school,  its  students  or  employees,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13199-08-8

        A. 8485--B                          2
     1  directly  or  through contract[, whereby such services performed by such
     2  person involve direct student contact].
     3    4.  "Volunteer" shall mean any person, other than an employee, who has
     4  direct student contact and: (i) provides services to a school [or school
     5  district  which  involve  direct  student  contact],  or  (ii)  provides
     6  services to any person or entity that contracts with a school to provide
     7  transportation services to children.
     8    5.  "Educational  setting"  shall  mean  the building and grounds of a
     9  [public]  school  [district],  the  vehicles  provided  directly  or  by
    10  contract  by the school [district] for the transportation of students to
    11  and from school buildings, field trips, co-curricular and extra-curricu-
    12  lar activities both on and off school [district] grounds, all  co-curri-
    13  cular  and extra-curricular activity sites, and any other location where
    14  direct contact between an employee or volunteer and a child has alleged-
    15  ly occurred. [Such term shall not include a special act school  district
    16  as  defined  in section four thousand one of this chapter which shall be
    17  subject to article eleven of the social services law.]
    18    6. "Administrator" or "school administrator" shall  mean  a  principal
    19  [of],  or the equivalent title, in a [public] school, [charter school or
    20  board of cooperative educational services,] or other chief school  offi-
    21  cer.
    22    10.  "School"  shall include a school district, public school, charter
    23  school, nonpublic school, board  of  cooperative  educational  services,
    24  special  act school district  as defined in section four thousand one of
    25  this chapter, approved preschool special education program  pursuant  to
    26  section  forty-four  hundred ten of this chapter, approved private resi-
    27  dential or non-residential school for the  education  of  students  with
    28  disabilities  including  private schools established under chapter eight
    29  hundred fifty-three of the laws  of  nineteen  hundred  seventy-six,  or
    30  state-operated  or  state-supported  school  in  accordance with article
    31  eighty-five, eighty-seven or eighty-eight of this chapter.
    32    § 2. The opening paragraph of subdivision 1 and subdivisions 2  and  3
    33  of  section  1126  of  the education law, as added by chapter 180 of the
    34  laws of 2000, are amended and two new subdivisions 1-a and 4  are  added
    35  to read as follows:
    36    In  any case where an oral or written allegation is made to a teacher,
    37  school nurse, school guidance  counselor,  school  psychologist,  school
    38  social worker, school administrator, school board member or other school
    39  personnel  required  to  hold  a  teaching  or administrative license or
    40  certificate, as well as a licensed and  registered  physical  therapist,
    41  licensed  and registered occupational therapist, licensed and registered
    42  speech-language pathologist, teacher aide or  school  resource  officer,
    43  that  a child has been subjected to child abuse by an employee or volun-
    44  teer in an educational setting, such person shall upon receipt  of  such
    45  allegation:
    46    1-a.  (i) In any case where an oral or written allegation is made to a
    47  school  bus  driver employed by a person or entity that contracts with a
    48  school to provide transportation services to children that a  child  has
    49  been  subjected  to child abuse by an employee or volunteer in an educa-
    50  tional setting, such driver  shall  upon  receipt  of  such  allegation,
    51  promptly  report  or  cause a report to be made to his or her supervisor
    52  employed by such contracting person or entity.
    53    (ii) In any case where an oral or written report or allegation is made
    54  to a supervisor who is employed by a person  or  entity  that  contracts
    55  with  a  school  to  provide  transportation services to children from a
    56  person employed by the contracted person or entity, that a child in such

        A. 8485--B                          3
     1  school has been subjected to child abuse by an employee or volunteer  in
     2  an educational setting, such supervisor shall upon receipt of such alle-
     3  gation  promptly  complete a written report of such allegation including
     4  the full name of the child alleged to be abused; the name of the child's
     5  parent or guardian; the identity of the person making the allegation and
     6  their relationship to the alleged child victim; the name of the employee
     7  or  volunteer against whom the allegation was made; and a listing of the
     8  specific allegations of child abuse  in  an  educational  setting.  Such
     9  written  report  shall  be  upon  a form as prescribed in section eleven
    10  hundred thirty-two of this article, and shall be personally delivered to
    11  the school district superintendent employed by the school district where
    12  the child abuse occurred or, for a school other than a  school  district
    13  or  public school, the school administrator employed by the school where
    14  the child abuse occurred.
    15    2. In any case where it is alleged that  a  child  was  abused  by  an
    16  employee  or volunteer of a school other than a school within the school
    17  district of the child's attendance, the report of such allegations shall
    18  be promptly forwarded to the superintendent of  schools  of  the  school
    19  district  of  the  child's  attendance and the school district where the
    20  abuse allegedly occurred, whereupon both  school  superintendents  shall
    21  comply  with  sections  eleven  hundred  twenty-eight and eleven hundred
    22  twenty-eight-a of this article. If such case involves a school  that  is
    23  not  a school district or public school, the appropriate school adminis-
    24  trator or administrators, in addition to any appropriate  superintendent
    25  of  schools,  shall  be  notified  whereupon  all such individuals shall
    26  comply with sections eleven  hundred  twenty-eight  and  eleven  hundred
    27  twenty-eight-a of this article.
    28    3.  Any  employee [or], volunteer , or supervisor who is employed by a
    29  person or entity that contracts with a school to provide  transportation
    30  services  to children who reasonably and in good faith makes a report of
    31  allegations of child abuse in an educational setting to a person and  in
    32  a  manner  described  in  this  section  shall  have immunity from civil
    33  liability which might otherwise result by reason of such actions.
    34    4. In any case where the employee against whom the allegation is  made
    35  is  the  superintendent or the administrator, the report of such allega-
    36  tions shall be made to another administrator designated by the school.
    37    § 3. The opening paragraph of section 1128 of the  education  law,  as
    38  added by chapter 180 of the laws of 2000, is amended to read as follows:
    39    Upon  receipt of a written report described in paragraph (a) of subdi-
    40  vision one or subdivision one-a of section eleven hundred twenty-six  of
    41  this  article  alleging  that  a child has been abused in an educational
    42  setting, a school administrator or superintendent shall where there is a
    43  reasonable suspicion to believe that an act of child abuse has occurred:
    44    § 4. The section heading and subdivision 1 of section  1128-a  of  the
    45  education  law, as added by chapter 180 of the laws of 2000, are amended
    46  to read as follows:
    47    Additional duties of school administrators and superintendents.
    48    1. Where a superintendent of schools or, in  a  school  other  than  a
    49  school  district  or public school, the school administrator forwards to
    50  law enforcement a report as described in paragraph  (a)  of  subdivision
    51  one  or  subdivision  one-a of section eleven hundred twenty-six of this
    52  article, he or she shall refer such report to the commissioner where the
    53  employee or volunteer alleged to have committed an act of child abuse as
    54  defined in this article holds a certification or license issued  by  the
    55  department.

        A. 8485--B                          4
     1    § 5. Section 1130 of the education law, as added by chapter 180 of the
     2  laws of 2000, is amended to read as follows:
     3    §  1130.  Notification by district attorney. Where a criminal investi-
     4  gation of an allegation of child abuse by an employee  or  volunteer  is
     5  undertaken  in  response to a report forwarded by a school administrator
     6  or superintendent to law enforcement  authorities  pursuant  to  section
     7  eleven  hundred  twenty-eight of this article, and where law enforcement
     8  authorities have provided such report to the district attorney and  have
     9  requested  assistance, as soon as practicable, it shall be the responsi-
    10  bility of the district attorney to notify the superintendent of  schools
    11  of  the district where the acts of child abuse allegedly occurred and of
    12  the school district where the child is attending, if  different,  of  an
    13  indictment or the filing of an accusatory instrument against the employ-
    14  ee  or  volunteer against whom an allegation of child abuse in an educa-
    15  tional setting was made. The district attorney shall notify  the  super-
    16  intendent  of  schools  of  the  district  where the acts of child abuse
    17  allegedly occurred and of the school district, if different,  where  the
    18  child  is attending of the disposition of the criminal case against such
    19  employee or volunteer or the suspension or termination of  the  criminal
    20  investigation of such employee or volunteer.  The aforementioned notifi-
    21  cations  to the superintendent of schools shall be made to the appropri-
    22  ate school  administrator  where  the  acts  of  child  abuse  allegedly
    23  occurred in a school other than a school district or public school.
    24    §  6.  Subdivision 1 of section 1131 of the education law, as added by
    25  chapter 180 of the laws of 2000, is amended to read as follows:
    26    1. In the event that a licensed or certified school  employee  against
    27  whom  an  allegation  of  child abuse in an educational setting has been
    28  made, is convicted of any crime involving child abuse in an  educational
    29  setting,  the  district  attorney  shall  provide  notice thereof to the
    30  commissioner[,] and the superintendent of schools of the district or, in
    31  a school other than a school  district  or  public  school,  the  school
    32  administrator  where  the acts of child abuse occurred and to the school
    33  [district] where the child is attending [school], if different.
    34    § 7. Subdivision 2 of section 1132 of the education law, as  added  by
    35  chapter 180 of the laws of 2000, is amended to read as follows:
    36    2.  The commissioner shall promulgate rules and regulations for train-
    37  ing necessary for  the  implementation  of  this  article  provided  all
    38  employees specifically described in section eleven hundred twenty-six of
    39  this  article  shall  be  required to complete training pursuant to such
    40  rules and regulations. Such training shall include, at a minimum, infor-
    41  mation regarding the physical and behavioral indicators of  child  abuse
    42  and  maltreatment  and  the  statutory reporting requirements set out in
    43  sections four hundred thirteen,  four  hundred  fourteen,  four  hundred
    44  fifteen,  four  hundred  sixteen,  four  hundred seventeen, four hundred
    45  eighteen, four hundred nineteen and four hundred twenty  of  the  social
    46  services  law,  including but not limited to, when and how a report must
    47  be made, what other actions the reporter is mandated  or  authorized  to
    48  take, the legal protections afforded reporters, and the consequences for
    49  failing to report.
    50    §  8.  Section  1132 of the education law is amended by adding two new
    51  subdivisions 3 and 4 to read as follows:
    52    3. All persons employed on or after July first, two thousand  nineteen
    53  by  a  school,  other than a school district or public school, in titles
    54  equivalent to a teacher or administrator as defined in  the  regulations
    55  of the commissioner, and any school bus driver employed by any person or
    56  entity  that  contracts with a school to provide transportation services

        A. 8485--B                          5
     1  to children shall be required to complete two  hours  of  coursework  or
     2  training  regarding  the identification and reporting of child abuse and
     3  maltreatment. The coursework or  training  shall  be  obtained  from  an
     4  institution  or  provider  that  has  been approved by the department to
     5  provide such coursework or training. The coursework  or  training  shall
     6  include  information regarding the physical and behavioral indicators of
     7  child abuse and maltreatment and the  statutory  reporting  requirements
     8  set out in sections four hundred thirteen through four hundred twenty of
     9  the  social  services  law, including but not limited to, when and how a
    10  report must be made, what other actions  the  reporter  is  mandated  or
    11  authorized  to  take,  the legal protections afforded reporters, and the
    12  consequences for failing to report. Each employee in such  titles  shall
    13  provide  the school administrator of the school with documentation show-
    14  ing that he or she completed the required training.  In  addition,  each
    15  school  bus  driver shall provide such contracting person or entity with
    16  documentation showing that he or she completed  the  required  training.
    17  The department shall be authorized to request such records on a periodic
    18  basis  and  may  publish a list of any persons or schools who are not in
    19  compliance with this subdivision on its website.
    20    4. The coursework or training required by this section shall not apply
    21  to those persons already required  to  undergo  coursework  or  training
    22  regarding  the identification and reporting of child abuse and maltreat-
    23  ment pursuant to sections three thousand three and three  thousand  four
    24  of this chapter.
    25    §  9.  Subdivision 3 of section 1133 of the education law, as added by
    26  chapter 180 of the laws of 2000, is amended to read as follows:
    27    3. Any superintendent of schools or school administrator  who  reason-
    28  ably  and in good faith reports to law enforcement officials information
    29  regarding allegations of child abuse or a  resignation  as  required  by
    30  this  article shall have immunity from any liability, civil or criminal,
    31  which might otherwise result by reason of such actions.
    32    § 10. The education law is amended by adding a  new  section  1134  to
    33  read as follows:
    34    §  1134. Reporting to the vulnerable persons' central register.  Where
    35  a person employed by a school is required to report an incident of child
    36  abuse in an educational  setting  to  the  vulnerable  persons'  central
    37  register pursuant to article eleven of the social services law and he or
    38  she reports such incident thereto, such person shall have been deemed to
    39  have complied with the reporting requirements of this article.
    40    §  11.  This  act  shall  take effect on the one hundred eightieth day
    41  after it shall have become a law.
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